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RESOLUTION 66-103 CONDITIONALLY PERMITTING THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO LAY ITS RAILROAD TRACKS AND TO RUN ITS CARS ACROSS WARNER AVENUE IN THE CITY OF SANTA ANA BE IT RESOLVED: That the right is hereby granted to the Atchison, Topeka and Santa Fe Railway Ccanpany to lay two railroad tracks to run its cars across Warner Avenue in the City of Santa Ana over a strip of land described as follows: The northwesterly 34 feet of the northeasterly 52 feet of Lot 98, Block 9 of Irvine's Subdivision as per map recorded in Book 1, Page 88, of Miscellaneous Maps in the office of the County Recorder, Orange County, California, and shown in RED on the map attached hereto. BE IT FURTHER RESOLVED: That said right is granted upon the condition that said grantee or its successor or assigns shall do the following at its own expense: (a) Construct ultimate street improvements on Warner Avenue from ten feet westerly of the center line of Lead Track No. 15 to twenty-two feet easterly of said center line. Street improvements shall include paving, curbs, gutters, sidewalks, median island and drainage facilities to provide drainage under tracks, to meet approval of the Department of Public Works of the City of Santa Ana; (b) Sttbmit street improvement plans for roadway work on Warner Avenue to provide ultimate street improvements including drainage, to meet approval of the Department Of Public Works of the City of Santa Ana; (c) Install four Standard No. 8 flashing light signals. At any time in the future when the Public Utilities C~mmission of the State of California shall dee~ them necessary, automatic gates shall be installed by the Atchison, Topeka and Santa Fe Railway Company; (d) Replace all improvements removed due to change in elevation or alignment of the tracks by the Atchison, Topeka and Santa Fe Railway Company; (e) Provide for the following at such time as the street is altered by the changing of its elevation or alignment or increase of its width: (f) (g) (h) 1. Raise, lower and/or alter any existing tracks as may be necessary, both inside and outside the limits of the crossing; 2. Prepare any existing tracks to receive pavement, such as necessary replacement or installation of ties, rails and ballast; 3. Relocate any existing cross arms, automatic signals or other railroad equipment as may be necessary. Provide for the maintenance of pavement and sidewalk within the track area, which is that area between the two rails of a track and two feet outside thereof, and between track areas if the distance between the center lines of adjacent tracks is less than fourteen feet. Provide for the maintenance of any protective devices installed for the crossing with the exception of advance warning signs and pavement markings. Prepare all drawings, maps, and documents necessary for appli- cation to the Public Utilities C~,,~,ission of the State of California in accordance with State law for the establishment of the crossing. -1-